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City Council Minutes 05-08-1978MONTICELL0 CITY COUNCIL May 8, 1978 -- 7:30 P.M. Members present: Con JRhnson, Gene Walters, Dan Blonigen, Arve Grimsmo, Phil White. Citizen Comments: Richard Bouley from the River Terrace Trailer Park asked the council for consideration of a variance to allow him to continue building a 14 x 32 foot addition to the recreation hall which was started without a building per- mit. He indicated his contractor stated that he did not need a building permit and now wanted to continue with the construction without waiting for the Planning Commission and Council review. The consensus of the council was that a building permit would not be issued until both the Planning Commission and council reviewed the matter, but both committees would possibly be receptive to special meetings for this item. 1. Public Hearin - Revised Comprehensive Plan Zoning District Amendments and Zoning Ordinance Amendments,, Dick Dwinell, consulting planner with Horviard Dahlgren and Associates, reviewed the revised comprehensive plan as it related to the proposed zoning district changes and ordinance amendments. The following described parcels of land were proposed for rezoning in accordance with the revised comprehensive plan; Area 1. Approximately 120 acres located between County Highway 75 and Inter- state 94, north of Prairie Road, from R-1 (Single Family Residential) to I-1 (Light Industrial), Mr. Dwinell indicated that the reason for proposing such a change was to make it consistent with the abutting property to the north, that being Northern States Power Company, and the property to the west, that being used as Industrial by Mr, Bill Seefeldt. Mr. Dwinell also felt that this area would not develop residentially because of its location near other industrial areas and because of its proximity to the freeway. The following testimony was presented: Daryl Tindle: Mr. Tindle was against the rezoning of this property to I-1 and felt that the area was too close to residential, that being Hillcrest and Hillcrest Second Addition. Larry Nolan: Mr, Nolan was also against the rezoning and felt that the intrusion of industrial in this area would tend to deteriorate and depreciate the residential property. Ken Hartman: Also opposed to the rezoning as he just moved to the Hillcrest area to get away from industrial and commercial businesses and now finds out that he may be next to another industrial zone. After discussion by the council on the size of the area proposed for rezoning and the necessity for industrial in this area, a motion was made by Phil White, seconded by Dan'Blonigen and unanimously carried to refer this area proposed for rezoning back to the Planning Comm- ission for further study. am: Area 2. Approximately a 400 - 500 foot wide strip of land located between West County Road 39 to the west and Marvin Road to the east all bordering the north side of Interstate 94 from R-3 (Multiple Family Residential) and B-4 (Regional Business) to B-3 (Highway Business). The area is approximately 3/4 of a mile long and 43 acres in size. The following testimony was given: Mr. William Hoffman, representing Harold Ruff: Felt that the area entirely south of West County Road 39 to the freeway should be zoned as commercial; in addition, the area including the current Ruff Salvage Yard to the east of Elm Street should be commercial since this is the current use of the land. Questions were asked regarding the difference between the current B-4 zoning of a portion of this land to B-3 and Mr. Dwinell stated that the differences are mainly in lot setback requirements. Hearing no further comments, a motion was made by Gene Walters, seconded by Arve Grimsmo, to rezone this area, from B-4 (Regional Busine ss ) and R-3 (Multiple Family Residential) to B-3 (Commercial Business). Voting in favor: Johnson, Grimsmo, Walters and White. Opposed: Blonigen. Area 3. Lots 3 through 8, Block 33, Upper Monticello, from B-4 (Regional Business) to R -B (Residential Business). The reason for the proposed rezoning was that there was concern from residents that since they were nonconforming, they may not be allowed to rebuild in case of a fire, or add additions to their homes. ThW requested that a more liberal zoning be applied to them. Hearing no additional comments, a motion was made by Gene Walters, seconded by Arve Grimsmo and unanimously carried to approve the rezoning of Lots 3 - 8, Block 33, from B-4 to R -B (Resi- dential Business). Area 4. Lots 1 - 10, Block 30 and Lots 1 - 5, Block 37, from B-4 (Regional Business to R -B (Residential Business). Based on comments received at the Planning Commission hearing on this rezoning, this item was set up for a special public hearing for this area at a future date. No action was taken by the council. Area 5. Lots 1 - 5, Block 13 from R-3 (Multiple Family Residential) to B-3 (Highway Business). This area iaas being considered for rezoning based on the fact that it abutts Walnut Street which is planned to be improved in 1978 and all the uses along Walnut Street would be proposed to be of a commercial nature. Hearing no comments, a motion was made by Arve Grimsmo, seconded by Phil White and unanimously carried to approve the rezoning from R-3 to B-3 (Highway Business). Area 6. That part of the northerly 2 of the southeast1 of the northwest 149 section 14, Township 121, Range 25, lying between County Highway 117 on the east to State Highway 25 on the west, from I-2 (Heavy Industrial) to B-3 (Highway Business). The basis for this rezoning was that it appeared that the area would be better utilized in terms of zoning as commercial as opposed to the present zoning of heavy industrial due to its location to Highway 25 and the surrounding zoning districts. At the Planning Commission Hearing Mr. Joseph Culp, owner of the land, said he would favor a commercial zoning of the property. Hearing no other comments, Gene Walters made a motion, seconded by Arve Grimsmo and unanimously carried to approve the rezoning. -2- Area 7. Approximately 14 acres lying north of County Highway ##75 and east of East County Road 39 from R-1 (Single Family Residential) to R-3 (Multiple Family Residential). The reason for the proposed change is that a portion of the property that is currently lying to the southeast of East County Road 39 and north of County Road 75 was compatible with the surrounding zoning. Hearing no comments, Phil White made a motion, seconded by Dan Blonigen and unanimously carried to approve this rezoning. Consideration of Zoning Ordinance Amendments. Amendment 1. Section 10-3-4, Area and Building Size: (A) PURPOSE: This section identifies minimum land area and building size requirements to be provided for each Zoning District as listed in the table below: DISTRICT LOT AREA LOT WIDTH BUILDING HEIGBT R-3 8,000 80 3 stories (B) LOT AREA PER UNIT: The lot area per unit requirement for town houses, apartments, condominiums, and planned unit developments shall be calculated on the basis of the total area in the project: Multiple Family 8,000 square feet for first unit plus 2,000 square feet for each additional one bedroom unit plus 2,500 square feet for each additional two bedroom unit Testimony received: JRhn Sandberg - asked that the lot area being considered for the R-3 districts be reduced to allow for the bul.ding of an 8-plex on two old residential city lots. To build an 8 plex under the new proposed amendment would require 22,000 sq. ft. whereas two residential lots would only have a total square footage of 21,720. He asked that the council consider making the lot area 7,500 sq. ft. for the first unit plus 2,00 sq. ft. for each additional one bedroom unit or 2500 sq. ft. for each additional two bedroom unit. Based on these comments, Phil White made a motion, seconded by Arve Grimsmo to approve this ordinance amendment provided the minimum lot area be reduced to 7500 sq. ft. for the first unit plus 2,000 sq. ft. for each additional one bedroom unit, or 2500 sq. ft. for each additional two bedroom unit. Voting in favor of the motion was C. Johnson, A. Grimsmo, P. White; Opposed: G. Walters, D. Blonigen. Since a 4/5 vote is needed, the motion died.. Gene Walters then made a motion, seconded by Dan Blonigen and unanimously carried to approve the original recommendation of 8,000 sq. ft. for the first unit, 2,000 sq. ft. for each additional one bedroom unit, or 2500 sq. ft. for each additional two bed- room unit. Amendment 2. Section 10-3-5, Off -Street Parking Requirements: (H) NU41M OF SPACES REQUIRED: 3. MULTIPLE FAMILY DWELLINGS: at least (2) off-street parking spaces per dwelling unit with one enclosed space per two (2) units. -3- 5-8-78 A motion was made by Gene Walters, seconded by Arve Grimsmo and unanimously carried to approve Amendment 2. Amendment 3. Section 10-13-4 "B-3" Highway Business District, Conditional Uses: (H) Commercial planned unit development as regulated by Chapter 20 of this Ordinance. A motion was made by Arve Grimsmo, seconded by Gene Walters and unanimously carried to approve this amendment. , 4 Amendment 4. Section 10-14-4 "may' Regional Business District, Conditional Uses: (E) Commercial planned unit development as regulated by Chapter 20 of this Ordinance. A motion was made by Dan Blonigen, seconded by Phil White and unanimously carried to approve. Amendment 5. Section 10-8-2 "R-3" Medium Density Residential District: 10-8-2 PERMITTED USES (G) Any use permitted in the "R-2" District and as regulated therein Motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to approve the amendment. Amendment 6. Section 10-8-4 "R-3" Medium Density Residential District: (C) Multiple family dwelling structures containing thirteen (13) or more dwelling units, provided that where the multiple family units are contiguous to single family residential zoned property, the front, side and rear yard setbacks will be a minimum of forty (40) feet, and that the minimum setbacks for parking areas shall be forty (40) feet on the front yard, and fifteen (15) feet on the side and rear yards, with appropri- ate screening and landscaping with durable materials designed in harmony with the principal structures and an overall landscaping plan. A motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to approve the amendment. Amendment 7. Section 10-3-5 Off -Street Parking Requirements: (D) GENERAL PROVISIONS: 8 STALL, AISLE AM DRIVEWAY DESIGN: (q) Curbing: All open off-street parking areas and driveways in industrial and commercial areas shall have a six (6) inch nonsurmountable continuous concrete curb around the perimeter of the parking area and driveways. All curb designs and materials shall be approved by the City Engineer. -4- Phil White made a motion, seconded by Arve Grimsmo and unanimously carried to require all off-street parking areas and driveways in industrial and comm- ercial areas to have an insurmountable 6 inch continuous concrete curb; this provision not to apply to single and two family residences. Amendment 8. Section 10-3-9 Signs Section (E): 3. Signs for promoting and/or selling a development project for the purpose of promoting or selling a development project of three (3) to twenty-five (25) acres, one sign not to exceed one hundred (100) square feet of advertising surface may be erected on the project site. For projects of twenty-six (26) to fifty (50) acres, one or two signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected. For projects over fifty-one (51) acres, one, two, or three signs, not to exceed three hundred (300) aggregate square feet of advertising surface may be erected. No dimension shall exceed twenty-five (25) feet exclusive of supporting structures. Such signs shall not remain after ninety five (95) percent of the project is developed. Such sign permits shall be re- viewed and renewed annually by the City Council. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for business purposes. A motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to approve the adoption of this ordinance. Amendment 9. Section 10-3-9 Signs Section (E) 2 (B) (4) III. Area, Height Regulations: Road Classification Speed Area Height (MPH) (Sq.Ft. ) (Feet) Major Thoroughfares 30 100 22 SFO 150 25 50 200 28 This item was deferred by the city council for further study. Amendment 10. Adoption of an ordinance for the management of the Mississippi Wild Scenic and Recreational River System and the shoreland areas of the City of Monticello. (See Supplement 4 #1.) A motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to adopt the proposed ordinance amendment. Comprehensive Plan. A motion was made by Phil White, seconded by Gene Walters and unanimously carried to adopt the revised comprehensive plan as presented with the above recommendations. -5- 2. 3. Review of Assessment Policy Draft. Mr. Ron Langness, with Springsted, Inc., fiscal consultants for the City of Monticello, reviewed the proposed assessment policy draft with the city council. The new policy would propose the following items: 1) that oversizing of utility lines would be financed in a manner other than with ad valorem taxes; 2) that oversizing assessment would be made at the time of installation of the improve- ment; 3) a cash deposit would be required somewhere in the area of 25% or greater for any extension of sewer and water facilities to a new development; 4) that the period of the assessment would be shorter than in the past, possibly five years; 5) that storm sewer improvements would be assessed with a greater rate against commercial or industrial property than against residential property; 6) that all assessments in a new subdivision would have to be paid prior to the issuance of a building permit. Considerable discussion was had by the council concerning the new assessment policy and how it would relate -to the two plats being considered, those being Kampa Estates and Country Club Manor. Jim Metcalf, attorney representing Howard Gi.11ham for the Country Club Manor, indicated that they would be able to live with any new assessment policy provided they are treated on equal basis with other plats that were previously accepted. Mr. John Sandberg indicated that his two previous plats,being Riverside and Sandberg South, have been sold and therefore collecting any front end money may be hard to do. Ralph Munsterteiger asked that the policy proposed of assessing street improvements on a front footage basis be changed to a unit parcel assessment for some new subdivisions because of the odd lot sizes created by cul de sacs. He felt that a unit basis would be more equitable since some property has smaller front footage than others but is receiving the same benefit. Since this new proposed assessment policy was just in a draft form, the consensus of the council was to table any action on adopting the new assessment policy for at least two weeks. (See Supplement 5-8-78 #1.) Meeting was then recessed until 7:30 P.M. on Tuesday, May 9, 1978. Tuesday, May 9, 1978 7:30 P.M. All members present. Consideration of A roval of Final Plat - Country Club Manor and Kampa Estates. Country Club Manor consists of 48.7 acres and includes 57 single family residen- tial lots along with a large outlot abutting In terstate 94. At a previous council meeting, March 27, approval was given on the preliminary plat along with the park dedication requirement to be in land and oash. The land consisting of approximately 1.7 acres. Kampa Estates, a 6.2 acre plat consists of 10 residential lots ranging in size from 12,100 sq. ft. to 28,000 sq. ft. The council also previously approved the preliminary plat with the park dedication as proposed in cash. The council discussed how these two plats would relate to the new assessment policy proposed and a motion was made by Con Johnson, seconded by Arve Grimsmo to approve the final plats for Country Club Manor and Kampa Estates subject to the engineer's approval with the understanding that these plats would have to adhere to all new assessment policies, except that front end money for sewer and Nater improvements would not be required for those plats who petitioned 10 5-8-78 for sewer and water before March 1, 1978. Voting in favor: C. Johnson, G. Walters, A. Grimsmo, P. White; Opposed: D. Blonigen. 4. Consideration of Rezoning Country Club Manor from B-4Regional Business to R-1, Single Family Residential, and B-39 Highway Business. As part of the Comprehensive Plan, the area abutting the freeway has been re- zoned from B-4 to B-3. Mr. Gillham requested that the area north of the proposed collector road through the Country Club Manor plat be rezoned to single family residential. Mr. William Hoffman, representing Ruff Auto Parts, opposed any rezoning to residential because he felt the area was still commercial in nature. He also felt that a future overpass on County Road 39 would create alot of traffic in a residential neighborhood and that such rezoning would de- preciate the values of neighboring property. Since the proposed rezoning would coincide with the comprehensive plan presented earlier, Con Johnson made a motion, seconded by Phil White, to rezone the Country Club plat north of the collector road from B-4, Regional Business, to R-1, Single Family Residential. Voting in favor: C. Johnson, P. White, A. Grimsmo, G. Walters; Opposed: D. Blonigen. 5. Consideration of Adoption of Resolution Receving Feasibility R@2ort and Calling for a Public Hearing on 1278-1 Improvement Project. Mr. John Badalich, consulting engineer for the City of Monticello reviewed with the council the feasibility report on extending sewer and water, curb and gutter, and permanent streets to the following areas and subdivisions: Sandberg South Plat Riverside Plat Country Club Manor Plat Kampa Estates Plat Lauring Hillside Addition Plat Holker Hillside Addition Plat Lots 4 and 5 Block 2 and Lot 6 Block 1 Oakwood Industrial Park All property abutting Golf Course Lam (West County Road 39) from intersection of Golf Course Lane and Elm Street West to I--94 Interchange The estimated cost of these improvements was $1,5289600. Mr. Badalich indicated that the report was prepared using some of the new assessment policy proposals such as 1001115 assessment of all laterals. A typical assessment for a residential lot including permanent streets would amount to approximately $59727. A typical assessment for a commercial lot would total approximately $999+1. Mr. Badalich will be working with Springsted, Inc., the fiscal consultants to determine how the new assessment policy will relate to this feasibility study for the public hearing. A motion was then made by Phil White, seconded by Arve Grimsmo and unanimously carried to adopt a resolution receiving feasibility report on the 1978-1 improvement project and calling for a public hearing for June 12, 1978. (See Resolution 1978 #8.) 6. Review of Interim Upgrading of CitZl s Waste Water Treatment Plant. The Minnesota Pollution Control Agency has requested that the city implement an interim upgrading of the city's waste water treatment plant. The PCA feels that a chemical treatment should be started based upon permit violations -7- in January and February of 1978. Keith Nelson, with OSM, reviewed with the council the possibility of a two month extension before implementing any chemical treatments. The city engineer will be corresponding with the PCA in efforts to delay the chemical treatment installation which is estimated to cost between $12,000 and $15,000. It appears that should chemical treatment equipment be installed, the cost will be shared by the major contributor, Wrightco Products, on an equal basis. The council consensus was to defer any action on this item until the engineers have had an opportunity to consult with the PCA. 7. Consideration of Approval of Change Order #2 - 1977-1 Construction Project - Arcon Construction. A change order from Arcon Construction Co. was reviewed by John Badalich, for the extension of sewer and water, curb and gutter, and blacktop streets to serve portions of Thomas Industrial Park. The estimated cost of the change order was $38,672.45, which would result in a per parcel assessment of approx- imately $10,820.00. Mr. Stuart Hoglund requested that a sod and seed item amounting to $1,050 be eliminated along with two service stubs to two of the lots. In addition he has decided to eliminate the road that connects County Road 117 with the road just west of the Monticello Roller Rink. Mr. Keith Nelson will be getting a revised cost figure for this change order from Arcon Construction. Motion was then made by A. Grimsmo, seconded by D. Blonigen and unanimously carried to approve the change order with Arcon Construction for Thomas Industrial Park. 8. 'Consideration of Awarding Contract on Dump Truck. 11 The following bids were received on April 27 for one single axle dump truck complete with snow plows and sander: Superior Ford 9700 56th Avenue North Minneapolis, MN. 55442 Monticello Ford Monticello, MN. 55362 Diesel $30,660.Oo Gasoline $239573.00 Diesel $319711.00 Gasoline $24,8o4.0o Hoglund Bus Co. Diesel $29,862.00 Monticello, MN. 55362 Gasoline $23,00+.00 A recommendation was maderlby the Public Works Director to purchase the International truck from Hoglund Bus Co. who was the low bidder in the amount of $23,144.60 including the extra heavy duty tires. A motion was made by Phil White, seconded by Arve Grimsmo and unanimously carried to award the truck bid to Hoglund Bus Co. in the amount of $23,144.60. Consideration of Revising City's Policy Relative to Picking Up Brush. In the past year, the City of Monticello has utilized its public works depart- ment to pick up brush that has been accumulated by property owners provided that the property owners gather the brush and leave it on the boulevard. In the past year, the public works department has estimated that approximately 200 hours have been spent relative to picking up brush. It was recommended that this policy be revised and if any brush takes longer than 15 minutes to be picked up, a charge of $10.00 per hour would be assessed against the property owner and paid at the time of pick up. Council discussed eliminating the free 15 minute service and charge $10.00 up to an hour's work. Motion was made by A. Grimsmo, seconded by G. Walters and unanimously carried to charge a $10.00 minimum fee for less than one hour's work for brush removal with a gradual increase after one hour. In addition, persons desiring this service, should contact either the city office or the public works department to set up an appointment for the brush removal. 10. Approval of Minutes - April 24, 1978. Minutes of April 24 were approved on a motion by Arve Grimsmo, seconded by Phil White and unanimously carried. 11. Consideration of Disposition of City Owned Property.- East Side of Highway 25. Recently, individuals have contacted the city in -regards to the possibility of purchasing the city owned parcel of land south of the railroad tracks and east of Highway 25. Since this property will no 1mgarbe used by the city as a possible ponding site, a motion was made by Phil White, seconded by Dan Blonigen and unan- imously carried to advertise for bids on the sale of this property with the note that the property would be filled. The council also instructed the city administrator to obtain a new appraisal on the property in question. 12. Discussion on Sewer and Water Improvement along 5th Street from Vine to Elm Street. This improvement was previously recommended as part of the 1977 street program. At the time of the hearing on the proposed improvements, Gordy Link, owner of the property along 5th Street, requested that the city engineers look into the possibility of not installing sewer and water on 5th Street but providing a sewer stub only from Vine for future development. Keith Nelson, of OSM, informed the council that an installation of a sewer and water stub for future development could be implemented and eliminate the sewer and water in the street. A motion was then made by Phil White, seconded by Arve Grimsmo and unanimously carried to eliminate the sewer and water as part of the 1977 street program along 5th Street per recommendation by engineer. 13. Miscellaneous. A. Informational Meeting - 1977-3 Project. An informational meeting for the 1977 street project was scheduled for 6:30 P.M., May 22, 1978. The city engineers along with the street con- tractor will be available to answer any questions citizens may have re- garding the street project. Keith Nelson informed the council that it appears work will start the week of May 22. In regards to the street program improvement, the council consensus was to allow up to an 18 foot width curb cut for each residence with an extra per foot charge thereafter. B. Discussion on Open House. The Open House for all city facilities will be held on June 4. 1978 from 1 - 5 P.M. The dedication of the new city hall will be held at approxi- mately 3 P.M. as part of the open house. Loren Law, mayor of Richfield, will be invited to be the guest speaker at the dedication ceremony. Meeting was adjourned. Rick Wolfst ler, Administrative Assistant RW/mjq -10-